Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE WWW.MILERMENSWEAR.COM

TABLE OF CONTENTS:

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
METHODS AND TIME LIMITS FOR PAYMENT FOR THE PRODUCT
COST, METHODS, AND TIMEFRAME OF DELIVERY AND COLLECTION OF THE PRODUCT
PRODUCT COMPLAINTS
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
FINAL PROVISIONS
SAMPLE CONTRACT WITHDRAWAL FORM

The Online Store www.milermenswear.com respects consumer rights. A consumer cannot waive the rights granted to them under the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act shall apply. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any potential doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, those regulations shall take precedence and apply accordingly.

GENERAL PROVISIONS
1. The Online Store available at www.MilerMenswear.com is operated by the company MILER Tomasz Miler Olga Miler s.c., entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister competent for economic affairs, with the following details: business and correspondence address: ul. Podgórna 4, 61-829 Poznań, NIP (Tax ID): 7831795170, REGON (Business ID): 382116181, email address: [email protected], telephone number: +48 735 976 322.
2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions states otherwise and is directed exclusively to consumers or exclusively to entrepreneurs.
3. The Administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, within the scope, and based on the grounds and principles specified in the privacy policy published on the Online Store’s website. The privacy policy primarily outlines the rules for the processing of personal data by the Administrator in the Online Store, including the legal bases, purposes, and scope of data processing, as well as the rights of data subjects. It also contains information about the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (such as the conclusion of a contract and statutory obligations of the Seller).
4. Definitions:
  1. BUSINESS DAY – a single day from Monday to Friday, excluding public holidays
  2. REGISTRATION FORM – a form available in the Online Store that allows the creation of an Account.
  3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that enables the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
  5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended) (under the law applicable in Poland).
  6. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s IT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about the Orders they have placed in the Online Store are stored.
  7. NEWSLETTER – an Electronic Service, a digital distribution service provided by the Service Provider via email, which allows all Service Recipients who use it to automatically receive periodic editions of the newsletter containing information about Products, news, and promotions in the Online Store.
  8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
  9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
  10. ONLINE STORE – the Service Provider’s online store available at the internet address: www.milermenswear.com.
  11. SELLER; SERVICE PROVIDER – the company MILER Tomasz Miler Olga Miler s.c., entered into the Central Registration and Information on Business of the Republic of Poland maintained by the minister competent for economic affairs, with the following details: business and correspondence address: ul. Podgórna 4, 61-829 Poznań, NIP (Tax ID): 7831795170, REGON (Business ID): 382116181, email address: [email protected].
  12. SALES AGREEMENT – a contract for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
  13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
  14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use an Electronic Service.
  15. CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
  16. ORDER – the Customer’s declaration of intent submitted via the Order Form, aimed directly at concluding a Sales Agreement for a Product with the Seller.
ELECTRONIC SERVICES IN THE ONLINE STORE
1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
  1. Account – using the Account is possible after the Service Recipient completes the following three steps: (1) filling out the Registration Form, (2) clicking the "Register" button, and (3) confirming the intention to create an Account by clicking the confirmation link automatically sent to the provided email address. In the Registration Form, the Service Recipient is required to provide the following data: full name/company name, address (street, building/apartment number, postal code, city, country), email address, contact phone number, and a password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and VAT ID (NIP) number.
    1. The Electronic Service "Account" is provided free of charge for an indefinite period. The Service Recipient may, at any time and without stating a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: [email protected] or in writing to the address: ul. Podgórna 4, 61-829 Poznań.
  2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes the following two steps: (1) filling out the Order Form and (2) clicking the “Order with obligation to pay” button on the Online Store’s website after completing the form. Until this point, it is possible to independently modify the entered data (instructions and messages displayed on the Online Store’s website should be followed for this purpose). In the Order Form, the Customer must provide the following data: full name/company name, address (street, building/apartment number, postal code, city, country), email address, contact phone number, and details related to the Sales Agreement: product(s), quantity, place and method of delivery, and method of payment. For Customers who are not consumers, it is also necessary to provide the company name and VAT ID (NIP) number.
    1. The Electronic Service "Order Form" is provided free of charge and is one-time in nature. It ends upon the placement of an Order through the form or upon the earlier discontinuation of the ordering process by the Service Recipient.
  3. Newsletter – the use of the Newsletter begins when an email address is entered in the "Newsletter" section visible on the Online Store’s website, to which subsequent editions of the Newsletter are to be sent, and the "Subscribe" button is clicked.
    1. The Electronic Service "Newsletter" is provided free of charge for an indefinite period. The Service Recipient may, at any time and without providing a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: [email protected] or in writing to the address: ul. Podgórna 4, 61-829 Poznań.
2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) a web browser: Mozilla Firefox version 17.0 or higher, Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1366x768, 360x640, or 1920x1080; (5) enabled ability to store Cookies and support for JavaScript in the web browser.
3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, respecting the personal rights as well as the copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is required to provide data that is accurate and truthful. It is prohibited for the Service Recipient to provide content of an unlawful nature.
4. Complaint procedure regarding Electronic Services:
  1. Complaints related to the provision of Electronic Services by the Service Provider, as well as other complaints related to the functioning of the Online Store (excluding the Product complaint procedure, which is specified in point 6 of the Terms and Conditions), may be submitted by the Service Recipient, for example:
    1. in writing to the address: ul. Podgórna 4, 61-829 Poznań;
    2. in electronic form via email to the address: [email protected]
  2. It is recommended that the Service Recipient include the following in the complaint description: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient’s request; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements stated in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.
  3. The Service Provider shall respond to the complaint without delay, no later than within 14 calendar days from the date of its submission.
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has first placed an Order via the Order Form in the Online Store, in accordance with point 2.1.2 of the Terms and Conditions.
2. The product price displayed on the Online Store’s website is shown in Polish zloty (PLN), Danish krone (DKK), Swedish krona (SEK), and euro (EUR), and includes taxes. The Customer is informed on the Online Store’s website, during the process of placing an Order—including at the time the Customer expresses the intention to enter into a Sales Agreement—of the total price including taxes for the Product being ordered, as well as the delivery costs (including transportation, delivery, and postal service fees) and any other applicable charges. If the exact amount of such fees cannot be determined, the Customer will be informed of the obligation to pay them.
3. Procedure for concluding a Sales Agreement in the Online Store via the Order Form
  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has first placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
  2. After placing the Order, the Seller shall promptly confirm its receipt and simultaneously accept the Order for processing. The confirmation of receipt and acceptance of the Order is carried out by the Seller sending an appropriate email to the Customer at the email address provided during the ordering process. This email shall include, at a minimum, the Seller’s declarations of having received the Order, accepted it for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is deemed concluded at the moment the Customer receives this email.
4. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement is carried out by (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Customer the email referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
METHODS AND TIME LIMITS FOR PAYMENT FOR THE PRODUCT
1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
  1. Cash on delivery payment upon receipt of the shipment (available only in Poland)
  2. Payment by bank transfer to the Seller’s bank account. After making the transfer, please send the payment confirmation to [email protected], as the payment will not be automatically assigned to the order.
  3. Electronic payments and payment by payment card via the PayPal.com and Tpay.com services – the currently available payment methods are specified on the Online
  4. Store’s website in the information section regarding payment methods, as well as on the websites https://www.paypal.com/pl and https://tpay.com/.
    1. Settlement of transactions via electronic payments and payment cards is carried out according to the Customer’s choice through the PayPal.com or Tpay.com services. The processing of electronic payments and payment card transactions is handled by:
      1. PayPal.com – operated by PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th Floor, 22–24 Boulevard Royal, L-2449, Luxembourg.
      2. Tpay.com – operated by Krajowy Integrator Płatności Spółka Akcyjna (formerly Brachia Sp. J.), with its registered office in Poznań (address: Św. Marcin 73/6, 61-808 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000412357, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, with a fully paid-up share capital of PLN 4,798,500.00, NIP (Tax ID): 7773061579.
2. Payment deadline:
  1. In the case of the Customer choosing payment by bank transfer, electronic payment, payment by payment card, or Bitcoin payment, the Customer is required to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
  2. In the case of the Customer choosing cash on delivery payment upon receipt of the shipment or cash payment upon personal collection, the Customer is required to make the payment at the time of receiving the shipment.
COST, METHODS, AND TIMEFRAME OF DELIVERY AND COLLECTION OF THE PRODUCT
1. Delivery of the Product is available within the territory of the Republic of Poland, Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Lithuania, Luxembourg, Latvia, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, and Italy.
2. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement states otherwise. The delivery costs of the Product (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store’s website in the information section regarding delivery costs, as well as during the Order placement process, including at the time the Customer expresses the intention to enter into the Sales Agreement.
3. Personal collection of the Product by the Customer is free of charge. The order can be collected within 30 days from the date it is prepared for pickup. Orders not collected within this period will be canceled, and the payment will be refunded to the account from which the payment was made.
4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
  1. InPost (available in Poland)
  2. Courier delivery, cash-on-delivery courier shipment (cash-on-delivery option available only in Poland)
  3. Personal collection available at the address: ul. Podgórna 4, 61-829 Poznań – on Business Days, between 10:00 AM and 7:00 PM (available in Poland)
5. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the given Product or during the Order placement process. In the case of Products with different delivery times, the delivery time is the longest stated period, which, however, must not exceed 7 Business Days. The commencement of the delivery period of the Product to the Customer is calculated as follows:
  1. In the case of the Customer choosing payment by bank transfer, electronic payment, payment by payment card– from the date the Seller’s bank account or settlement account is credited.
  2. In the case of the Customer choosing cash on delivery – from the date of conclusion of the Sales Agreement.
6. Product readiness for pickup by the Customer – in the case of the Customer choosing a personal collection of the Product, the Product will be ready for pickup within up to 7 Business Days, unless a shorter period is specified in the description of the given Product or during the Order placement process. In the case of Products with different readiness times for pickup, the readiness time is the longest stated period, which, however, must not exceed 7 Business Days. The Customer will be additionally informed by the Seller when the Product is ready for pickup. The commencement of the period for the Product’s readiness for pickup is calculated as follows:
  1. In the case of the Customer choosing payment by bank transfer, electronic payment, payment by payment card– from the date the Seller’s bank account or settlement account is credited.
  2. In the case of the Customer choosing cash on delivery – from the date of conclusion of the Sales Agreement.
PRODUCT COMPLAINTS
1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty for defects), are defined by generally applicable legal provisions, in particular by the Civil Code (including Articles 556–576 of the Civil Code).
2. The Seller is obliged to deliver the Product to the Customer free of defects. Detailed information regarding the Seller’s liability for a defective Product and the Customer’s rights are specified on the Online Store’s website in the information section concerning complaints.
3. A complaint may be submitted by the Customer, for example:
  1. in writing to the address: ul. Podgórna 4, 61-829 Poznań;
  2. in electronic form via email to the address: [email protected];
4. It is recommended that the Customer include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) the requested method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person submitting the complaint – this will facilitate and expedite the handling of the complaint by the Seller. The requirements stated in the previous sentence are only recommendations and do not affect the validity of complaints submitted without the recommended description.
5. The Seller shall respond to the Customer’s complaint without delay, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested a replacement of the item or removal of the defect, or has submitted a statement on price reduction specifying the amount by which the price should be reduced, and the Seller has not responded to the request within 14 calendar days, it is deemed that the request has been accepted as justified.
6. A Customer exercising their rights under the warranty is required to deliver the defective Product to the following address: ul. Podgórna 4, 61-829 Poznań. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the delivery cost is borne by the Customer. If, due to the nature of the Product or the method of its installation, delivery by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is situated.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods for handling complaints and seeking claims, as well as the rules for access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
2. A contact point also operates at the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: [email protected], or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose role includes assisting consumers in matters related to out-of-court resolution of consumer disputes.
3. A consumer has the following exemplary options for using out-of-court methods of handling complaints and seeking claims: (1) submitting a request for dispute resolution to a permanent consumer arbitration court (more information available at: http://www.spsk.wiih.org.pl/); (2) submitting a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information is available on the website of the inspector competent for the Seller’s place of business); and (3) obtaining assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, Polish Consumers Association). Advice is also provided via email at: [email protected] and through the consumer helpline at 801 440 220 (available on Business Days from 8:00 AM to 6:00 PM, call cost according to the operator’s rate).
4. The platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website that serves as a one-stop shop for consumers and traders seeking out-of-court resolution of disputes arising from online sales or service contracts. More information is available directly on the platform’s website or on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the withdrawal deadline, it is sufficient to send a declaration before the deadline expires. The declaration of withdrawal from the contract may be submitted, for example:
  1. in writing to the address: ul. Podgórna 4, 61-829 Poznań;
  2. in electronic form via email to the address: [email protected];
2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in point 11 of the Terms and Conditions as well as on the Online Store’s website in the section concerning withdrawal from the contract. The consumer may use the sample form, but it is not mandatory.
3. The withdrawal period begins:
  1. for a contract under which the Seller delivers a Product, being obliged to transfer its ownership (e.g., a Sales Agreement) – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product; and in the case of a contract that: (1) includes multiple Products delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part; or (2) involves regular delivery of Products over a specified period – from the moment of taking possession of the first Product;
  2. for all other contracts – from the date of conclusion of the contract.
4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
5. The Seller is obliged to promptly, and no later than within 14 calendar days from the date of receiving the consumer’s declaration of withdrawal from the contract, return to the consumer all payments made by them, including the cost of Product delivery (except for any additional costs resulting from the consumer’s choice of a delivery method other than the least expensive standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer, the Seller may withhold the refund until the Product has been returned or the consumer has provided proof of its return, whichever occurs first.
6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without delay, and no later than within 14 calendar days from the date on which they withdrew from the contract.To meet the deadline, it is sufficient to send back the Product before the 14-day period expires. The consumer may return the Product to the following address: ul. Podgórna 4, 61-829 Poznań.
7. The consumer is liable for any diminished value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to bear:
  1. If the consumer chooses a delivery method for the Product that is more expensive than the least costly standard delivery option available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred.
  2. The consumer bears the direct costs of returning the Product.
  3. In the case of a Product that is a service, where performance—at the explicit request of the consumer—began before the withdrawal period expired, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal. The amount to be paid is calculated proportionally to the extent of the service performed, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating the amount is the market value of the service performed.
9. The right of withdrawal from a distance contract does not apply to the consumer with respect to contracts:
  1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the service began that they would lose the right to withdraw once the service had been fully performed by the Seller; (2) where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and which may occur before the withdrawal period expires; (3) where the subject of the service is a non-prefabricated Product, made to the consumer’s specifications or clearly personalized to meet their individual needs; (4) where the Product is perishable or has a short shelf life; (5) where the Product is delivered in sealed packaging and, for health or hygiene reasons, cannot be returned once the packaging has been opened after delivery; (6) where the Product, due to its nature, is inseparably mixed with other items after delivery; (7) where the subject of the service is alcoholic beverages whose price was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days, and whose value depends on market fluctuations beyond the Seller’s control; (8) where the consumer explicitly requested the Seller to visit them to carry out urgent repairs or maintenance — if the Seller provides additional services not requested by the consumer or delivers Products other than the necessary replacement parts, the right of withdrawal applies only to those additional services or Products; (9) where the subject of the service includes audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services (other than for residential purposes), transportation of goods, car rental, catering, or services related to leisure activities, entertainment, sports, or cultural events, if the contract specifies a specific date or period of performance; (13) for the supply of digital content not stored on a physical medium, if the performance has begun with the consumer’s express consent before the withdrawal period has expired and after they have been informed by the Seller about the loss of the right of withdrawal.
PROVISIONS CONCERNING ENTREPRENEURS
1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Recipients who are not consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may occur without stating a reason and does not give rise to any claims against the Seller by the Customer who is not a consumer.
3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the Customer or the fact that a Sales Agreement has been concluded.
4. At the moment the Seller hands over the Product to the carrier, all benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a consumer. In such a case, the Seller is not liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until it is delivered to the Customer, nor for any delay in the shipment.
5. If the Product is sent to the Customer via a carrier, a Customer who is not a consumer is obliged to inspect the shipment at the time and in the manner customary for shipments of this type. If they discover that the Product has been lost or damaged during transport, they are required to take all necessary steps to establish the carrier’s liability.
6. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product toward a Customer who is not a consumer is excluded.
7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating any reasons by sending an appropriate notice to the Service Recipient.
8. The liability of the Service Provider/Seller toward the Service Recipient/Customer who is not a consumer—regardless of the legal basis—is limited, both for individual claims and for all claims in total, to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand PLN. The Service Provider/Seller is liable to the Service Recipient/Customer who is not a consumer only for typical, foreseeable damages at the time of contract conclusion and is not liable for lost profits with respect to the Service Recipient/Customer who is not a consumer.
9. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
FINAL PROVISIONS
1. Contracts concluded via the Online Store are executed in Polish or English.
2. Amendment of the Terms and Conditions:
  1. The Service Provider reserves the right to amend the Terms and Conditions for valid reasons, such as: changes in legal regulations; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
  2. In the case of contracts of a continuous nature concluded under these Terms and Conditions (e.g., provision of the Electronic Service – Account), the amended Terms and Conditions shall be binding on the Service Recipient if the requirements specified in Articles 384 and 384¹ of the Civil Code are met, meaning the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. If an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
  3. In the case of contracts concluded under these Terms and Conditions that are not of a continuous nature (e.g., Sales Agreements), amendments to the Terms and Conditions shall not in any way affect the acquired rights of Service Recipients/Customers who are consumers prior to the effective date of the changes. In particular, the amendments will not affect Orders already placed or submitted, or Sales Agreements that have been concluded, are being performed, or have been fulfilled.
3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded before 24 December 2014 with Customers who are consumers – the provisions of the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on Special Conditions of Consumer Sales and the Amendment of the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers – the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
SAMPLE CONTRACT WITHDRAWAL FORM
(ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)

Withdrawal from Contract – Sample Form
(Please complete and return this form only if you wish to withdraw from the contract)

–   Recipient::

MILER Menswear
ul. Podgórna 4, 61-829 Poznań
milermenswear.com
[email protected]

–   /We() hereby inform you of my/our() withdrawal from the contract for the sale of the following goods(*), the delivery of the following goods(*), the contract for specific work involving the manufacture of the following goods(*),/or for the provision of the following service(*):

–   Date of contract conclusion(*) / receipt(*)

–   Name of consumer(s):

–   Address of consumer(s):

–   Signature of consumer(s): (only if this form is submitted in paper version)

–   Date

(*) Delete as appropriate.